Application for recognition of the house as unsafe. How to recognize housing as unsafe Sample application for recognition of a house as dilapidated

Decree of the Government of the Russian Federation dated March 25, 2015 N 269) (see text in the previous edition) the work of the commission to assess the suitability (unsuitability) of residential premises for permanent residence; drawing up a conclusion by the commission in the manner prescribed by paragraph 47 of these Regulations, in the form in accordance with Appendix No. 1 (hereinafter referred to as the conclusion); (as amended by Decree of the Government of the Russian Federation dated March 25, 2015 N 269) (see text in the previous edition) drawing up an inspection report of the premises (if the commission decides on the need for an inspection) and drawing up by the commission based on the conclusions and recommendations specified in the act, conclusions. At the same time, the commission’s decision regarding identifying the grounds for recognizing an apartment building as unsafe and subject to demolition or reconstruction can only be based on the results set out in the conclusion of a specialized organization conducting the survey; (edited)

The housing is unsuitable for habitation. next steps

Attention

An application submitted in the form of an electronic document is signed by the applicant with a simple electronic signature, and the electronic documents attached to it must be signed by officials of the bodies (organizations) that issued these documents, enhanced by a qualified electronic signature (unless otherwise established by the legislation of the Russian Federation for signing such documents type of electronic signature). The applicant has the right to submit to the commission the documents and information specified in paragraph 45(2) of these Regulations on his own initiative.

(clause 45 as amended by Decree of the Government of the Russian Federation dated 04/08/2013 N 311) (see text in the previous edition) 45(1).

How to declare housing unfit for habitation?

Based on the received conclusion, the relevant federal executive body, executive body of a constituent entity of the Russian Federation, local government body, within 30 days from the date of receipt of the conclusion in the manner established by it, makes a decision provided for in paragraph seven of clause 7 of these Regulations and issues an order indicating further the use of the premises, the timing of the resettlement of individuals and legal entities in the event that the house is recognized as unsafe and subject to demolition or reconstruction or the need for repair and restoration work is recognized. (as amended by Decrees of the Government of the Russian Federation dated 02.08.2007 N 494, dated 25.03.2015 N 269) (see.

text in the previous edition) 50. If an apartment building is recognized as unsafe and subject to demolition, rental and lease agreements for residential premises are terminated in accordance with the law.

Recognition of residential premises as suitable (unsuitable) for habitation

STATEMENT I ask you to conduct an inspection of the premises/residential building at the address: for compliance with the requirements that the residential premises/residential building must meet. Signature Date Sample report of a member of the interdepartmental commission on the facility: (name of the facility, address)1. FULL NAME. and social status of the applicant. 2. Expert organization (indicate the name of the organization, full name.
manager, grounds for preparing the conclusion). 3. Information on the object in question: a) name of the object, year of construction, total and living area; b) information about the owners (tenants) and actual residents; c) information on the land plot under the property; d) condition of the main structural elements: N Structural element Brief information % physical wear and tear 1. Foundation 2. Walls 3. Roof and roofing 4. Ceilings 5.
Floors 6. Windows 7.

Recognition of an apartment as unfit for habitation

Info

Example Valentina Petrovna Anisimova lived for a long time in an apartment on the twentieth floor of an apartment building; on one frosty day, she slipped and fell and broke her left leg. From that moment on, she could only move on crutches, but in the building where she lives there was no elevator, and she lost the opportunity to go outside.

Valentina Petrovna decided to write a statement to the administration of her district, in which she asked to recognize her housing as unsuitable for living, since there is no elevator and therefore she cannot go down to the street on her own. Within 30 days, a response came from the administration in which she was denied her request to convene an interdepartmental commission, since the lack of an elevator in a multi-story building is not grounds for declaring it unfit for habitation.

How to submit an application to declare a residential premises unfit for habitation?

Address of the property.

• Date of the commission's conclusion.
• The name of the authority that appointed the interdepartmental commission, as well as the date and number of the decision on its approval.
• List of persons included in the commission, indicating full name, position and place of work.
• Indication of the documents on the basis of which the decision was made.
• The essence of the conclusion and recommendations.
The most important part of this document is the final result of the inspection. The Housing Committee may make one of the following verdicts:

• the premises are fully suitable for permanent residence;
• the building is in disrepair and is subject to demolition;
• recognized as dilapidated and subject to reconstruction.

Important! If the house has been decided to be demolished, then local authorities must set a time frame within which the residents will be resettled.

Application for recognition of housing as unfit for habitation

Provisions. (clause 45(2) introduced by Decree of the Government of the Russian Federation dated 04/08/2013 N 311) 45(3). If the commission conducts an assessment of the residential premises of the housing stock of the Russian Federation or an apartment building located in federal ownership, the local government body no later than 20 days before the start of the commission’s work is obliged to do so in writing by mail with acknowledgment of receipt, as well as in the form of an electronic document using a single portal, send to the federal executive body of the Russian Federation exercising the powers of the owner in relation to the property being valued, and to the copyright holder of such property, a notification about the start date of the commission’s work, as well as place such a notification on the interdepartmental portal for the management of state property in the information telecommunications network "Internet".

Sample application for recognition of housing as unfit for habitation

According to Art. 15 of the Housing Code of the Russian Federation (LC RF), residential premises may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation. In order to transfer your housing to the category of unsuitable, you must submit an application (attaching a package of documents for the property) to the district administration for the creation of a special commission that will assess the conditions of specific housing applying for such status. The decision can be appealed in court. After the housing is declared unsuitable, the owner has the right to receive compensation or another housing.

When cosmetic repairs alone are not enough and a major renovation with housing redevelopment is planned, thousands of questions immediately arise about how to write an application, who to contact, how to correctly draw up a project, and so on.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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For legal redevelopment, you need not only to write an application, but also to coordinate all changes with your neighbors and make sure that their peace and interests are not affected.

Such work must be coordinated because any changes may entail a violation of the structure of the entire house, for which the apartment owner will be fined.

Concept

Redevelopment is a major refurbishment of a home. But everything is not so simple: you can redo something without permission, but for some you will need to get it.

Because in the course of some changes, the system for providing water and body specified in the technical passport may change - this is the reason why it is necessary to obtain approval for the procedure.

The concept of redevelopment includes:

• changing the gas supply, heating, water supply systems;
• installation of any insulation systems;
• change in the living area: for example, you decided to make one out of two rooms;
• arrangement of openings in non-load-bearing walls.

Redevelopment should not be confused with refurbishment, which involves work with internal heating and plumbing rooms.

Redevelopment involves work that does not affect the external characteristics, for example, there is an apartment with a total area 45 sq. m. and even if you make at least four rooms there, the overall value will not change.

Legislation

If you are faced with a question about redevelopment, you can be guided by the following legislative documents:

• establishes that all work must be carried out under the control of local government;
• establishes cases when you may be refused work;
• provides for changes that cannot be made during redevelopment;
• provides for actions in case of unauthorized redevelopment.

These documents will help you complete all the work without breaking the law.

Video: making changes to the cadastral register

What is prohibited from changing in the apartment

According to citizens, they have the right to redevelopment, except for:

• changes that make the home unfit for use;
• changes that entail the destruction of walls, communication systems, for example, it is prohibited to move water supply risers;
• reinstallation of radiators on the loggia;
• place a toilet or bathroom above a living room or bathroom, for example, if you plan to move your bathroom, then you need to make sure that there is no neighbor’s room underneath;
• combine the living space with the attic.

Also changes should not:

• worsen the stability of a housing facility;
• spoil the architecture of the building;
• make it difficult or impossible to access communication systems.

If you remodel without permission without taking into account the above restrictions, you will face a fine.

Which one is allowed?

To make changes to the technical passport, you must write an application to legitimize the redevelopment of the residential premises.

In some cases, this can be done without prior permission, for example, if we are talking about installing an air conditioner or replacing cast iron batteries.

Permission is required for the following redevelopment options:

• increase in living rooms;
• transfer of partitions;
• replacing plumbing fixtures or moving them within the required area;
• glazing or insulation work on balconies;
• floor insulation;
• association of several apartments.

If you have received permission for redevelopment and completed everything in accordance with established standards, then you can safely enjoy the work done. In addition to paying fines, in case of illegal changes, you also undertake to return the layout to its original form, at your own expense.

Approval procedure

The approval procedure includes several stages:

1. Project development.
2. Neighbors permission.
3. Submission of documents to the Interdepartmental Commission.
4. Obtaining a conclusion.

Each of them is mandatory; for example, you cannot fill out a form without obtaining permission from your neighbors.

Order a project

Establishes mandatory preliminary development of a project for the redevelopment of residential buildings.

Project documentation should include:

• cover: information about the company that completed the project;
• title page: signatures of responsible persons;
• general data: documents that were used to construct the drawing;
• apartment plan before work;
• dismantling;
• apartment plan after work;
• waterproofing scheme, water supply system;
• additional sections if necessary;
• terms and cost.

Redevelopment of non-residential premises will require additional approvals from the relevant authorities.

Get consent from neighbors

The consent of neighbors must be obtained in any case, since any redevelopment affects their interests.

And of course, here the question arises of how to fill out such an application; there are two options:

1. If the interests of one apartment are affected, then a written version with a signature is suitable.
2. If the interests of several apartments are affected, then you can make one general statement with signatures and have it certified by a notary.

Do not neglect this step and negotiate with your neighbors, otherwise they may quite reasonably file an application with the housing inspectorate for illegal redevelopment.

Appeal to the Interdepartmental Commission

Your first step is an application to the Interdepartmental Commission for approval of changes to your apartment.

You can submit an application at any time as soon as you want to make a redevelopment, but you will have to wait for a response within 45 days.

Obtaining a conclusion

After considering your application, you will be given a conclusion that may allow or prohibit the work to be carried out.

In addition to violations of the law, there may be other reasons for refusal:

• condition of the house;
• carrying out early work that prohibits carrying out new ones, etc.

If the commission does not find any obstacles to changing the housing, and there are no complaints from the BTI and Housing Office, then you can begin repairs. Sometimes additional consent will be required, for example, from the gas service, when it is necessary to move a gas stove.

Sample application for redevelopment of an apartment

An application for redevelopment of an apartment is a key step in the entire process. Whether you will be allowed to carry out work or not depends on how correctly and in detail you fill it out.

Pay attention to the accuracy of the information entered, even if mistakes are made due to inattention, you will have to write a new one and thereby prolong the approval process.

Structure

The structure of the application () must indicate that as a result of the planned work:

• utility networks will not disrupt their functionality;
• all living conditions will be preserved;
• the ventilation system will not deteriorate;
• sanitary standards and the fire safety system are not violated;
• the design of the premises will not be changed.

Also, all this should be displayed in the planning project.

An application in the prescribed form for consent to make changes to the layout of the apartment must include:

• information about the government agency to which the document is sent;
• information about the sender: contact and passport details;
• address of the residential premises in which work is planned to be carried out;
• title documents for housing, for example, a registration certificate;
• exact timing of work;
• on what days and at what time the work will be carried out;
• if the application is from several owners, then there must be the consent of all citizens;
• documents attached to the application.

You will also need to pay a state fee of 200 rubles. Make copies of all documents and statements. Because the period for its consideration is 45 days, then during this time some piece of paper may be lost. In order not to wait until the document is restored, you can give a copy and not delay the process.

Attached to the application

In addition to the application, you must submit the following package of documents:

• copies of passport;
• registration certificate or any other document confirming ownership rights;
• consent of other owners, if any;
• permission from the central authority if the object is a cultural monument according to.

During the course of the work, you will also need to receive a document that confirms the completion of the work performed. It is necessary to make changes to the technical passport.

If not agreed

If an application for redevelopment of an apartment was not submitted according to the established rules and, in principle, the approval procedure was not carried out, then the owner of the apartment must be punished.

Question about recognition of the building as unsafe and the decision on its reconstruction or demolition is decided on the spot, in particular, by the created interdepartmental housing commission.

If necessary, you can attach complaints from all apartment owners houses for unsatisfactory living conditions.

To consider and resolve the issue of unsuitability of housing for habitation The authorities must provide a list of documents:

• Residents' application Houses. The law does not specify the number of applicants required to consider the demolition of an apartment building. The commission accepts both collective applications and an application from one resident representing the interests of his neighbors.
• Certificate of ownership for housing. Notarized copies of title documents of all residents of an apartment building are required.
• Expert opinion, who conducted the research at home. The examination must provide information on the percentage of deterioration of the building, as well as a detailed description of the condition of the structures, foundation and other elements of the building.
• Floor plan of the house, taken from BTI.
• Conclusion of the survey company based on the results of studying the load-bearing structures of the building.

Important! Authorities may require a certificate from the Committee for the Control and Protection of Historical and Cultural Monuments to establish the status of the house.

The commission independently requests additional certificates from supervisory and other authorities and organizations: information from the Unified State Register and the technical passport of the building.

How to make an application correctly?

Along with the documents you need to send application for recognition of a house as unsafe. It is written in free form indicating the following data:

1. when drawing up a document recipient must be specified application - full name of the head of the housing committee.
2. Below are indicated applicant details. For individuals – full name, address, SNILS, INN, contact telephone number. For legal entities – name of the organization, address, legal form, full name of the organization’s representative.
3. IN main part of the statement you need to express a request to consider the issue of recognizing the house (address of the property) as unfit for habitation.
4. The application needs indicate a list of documents submitted along with the application.
5. Date and signature all applicants.

The initiator of the application can be not only the residents of the house, but also the tenant of the premises, as well as supervisory authorities, the fire service and other authorized departments.

Decision on recognition of the building as unsafe is accepted by an interdepartmental commission, which may include the owners of the premises, engineers, employees of the Ministry of Emergency Situations and the fire service, employees of SanPin, Rospotrebnadzor and the gas service.

Conclusion of the special commission

Application and documents are being reviewed local authorities within a month. During this time, all members of the commission check the documents and the facts stated in them.

They can also decide to conducting your own audit. After making a decision, the commission issues a conclusion, which is sent to the applicant within five days.

The conclusion represents a completed document containing the decision of the commission members on the issue of recognizing a house as unsafe. The conclusion should contain the following information:

1. Address of the object real estate.
2. Conclusion date commissions.
3. Name of authority who appointed the interdepartmental commission, as well as the date and number of the decision on its approval.
4. List of persons members of the commission, indicating their full name, position and place of work.
5. Specifying documents, on the basis of which the decision was made.
6. The essence of the conclusion and recommendations.

The most important part of this document is final test result. The Housing Committee may make one of the following verdicts:

• the entire room suitable for permanent residence;
• the building is in disrepair and is subject to demolition;
• recognized as dilapidated and subject to reconstruction.

Important! If the house has been decided to be demolished, then local authorities must set a time frame within which the residents will be resettled.

If housing commission verdict apartment owners are not satisfied, they can go to court.

The house may be considered unsafe, but subject not to demolition, but to reconstruction. As a rule, the authorities make such a decision if the building itself has the status of an architectural monument. If, as a result of the inspection, it turns out that the house is a historical architectural object, then the resettlement of the residents will become impossible, since such objects are not subject to demolition. Owners will have to do renovation of the building at your own expense.

The procedure for recognizing a house as dilapidated requires time and money. However, personal safety comes first, therefore, there is no need to hesitate in submitting your application and papers to the interdepartmental housing commission.

Living in housing that requires at least major repairs from housing and communal services can cost the life of the owner. A large number of people live in houses that are unsuitable for habitation. Detailed information with guidelines for action for residents of emergency housing is presented in Decree of the Government of the Russian Federation No. 47, dated January 28, 2006 (as amended on February 28, 2018).

This Resolution is fundamental in the process of approving an apartment or individual building as unsuitable for habitation. In all regions of the Russian Federation there is a huge amount of real estate in disrepair - 16 million m2. It is difficult to force local authorities to recognize the housing stock as dangerous for the population, but with due persistence and knowledge of the procedure, it is quite possible. We will discuss in this article how to recognize a house as unsafe and subject to demolition.

How to prove that a building is in unsatisfactory condition

An application containing a requirement to recognize the condition of a multi-storey residential building as unsafe is considered by an interdepartmental commission, which, based on complaints received from residents, conducts an examination to determine whether the condition of the property meets the requirements of Russian legislation. The procedure includes inspecting the house and checking a package of documents by representatives of services, which include:

• housing inspection;
• Rospotrebnadzor;
• local government administration;

Together with the application, a set of papers is collected, which includes:

• conclusion of a special organization about the emergency condition of the house;
• letters of complaint and other documents confirming citizens’ dissatisfaction with their living conditions;
• evidence of tenants' ownership of the occupied space.

Upon completion of the inspection, after 30 calendar days, the interdepartmental commission issues a decision regarding the requested house. The verdict can be positive or negative. If the claim is satisfied based on the results of the house inspection, a decision is made that satisfies one of three options:

• housing is recognized as emergency, subject to resettlement, and
  further demolition;
• the condition of the property is considered unsatisfactory, but the possibility of reconstruction is envisaged;
• The MKD points out that the documentary package is insufficiently complete and recognizes the need to further examine the building.

As a result of dissatisfaction among apartment owners with the accepted recognition of the status of a “non-dangerous apartment building not subject to demolition,” they will have to go to court to recognize the state of disrepair.

Sample application for recognition of a house as unsafe

A paper with a petition containing a request to consider the possibility of classifying a specific building as emergency and unfit for habitation is sent to the local government body, which subsequently ensures the formation of the apartment building. The application is drawn up in any form; a sample for filling out and making adjustments is easy to find on the Internet.

The letter must contain an indication in whose name the application is being written and from whom. All details of the individual or legal entity acting as the applicant are also written down, including contact details. The application must be submitted along with the following documents:

• notarized photocopies of certificates of ownership;
• technical passport of the requested building together with the floor plan;
• results of checking the condition of a residential building by a special organization.

The interdepartmental commission has the right to request the missing papers from the relevant authorities or challenge the interested party to resolve this issue.

Signs of emergency condition of a residential building

Housing is recognized as unsafe if the following reasons are confirmed:

• age-related deterioration, as a result of which the building becomes dangerous to life;
• proven hazardous environmental effects, such as exceeding sanitary environmental standards for the content of pollutants in the atmosphere, increasing the level of radiation or electromagnetic field, significantly exceeding the permissible level of noise or vibration exposure in residential premises;
• violation of the integrity of the building due to an explosion, domestic accident, fire or hazardous natural phenomena, which may lead to its collapse;
• instability of the building due to the developed deformation violation of the integrity of the structural components, the consequence of which is the destruction of the supporting structures and the house itself;
• the residential building is located in an area where landslides, mudflows, and snow avalanches regularly occur, and annual flooding occurs, which cannot be eliminated by any methods;
• in cases where there is a serious risk of destruction due to man-made accidents.

In other situations, the interdepartmental commission may refuse to recognize the house as subject to resettlement due to unsatisfactory technical condition.

Grounds for refusal to assign emergency status

There are a number of situations in which a house is guaranteed to be denied the “emergency” designation:

• lack of a centralized sewerage system and hot water supply in a building whose height does not exceed two floors;
• lack of an elevator in a high-rise building, provided that floors above the fifth are not in use;
• unauthorized unauthorized redevelopment or expansion of the house.

Also, buildings that can be reconstructed using modern construction methods are not subject to emergency demolition.

Recognizing a house as unsafe: procedure

The owners of the residential building draw up an application, which is submitted to the interdepartmental commission for consideration.

An expert group is being created that is capable of conducting an adequate engineering assessment of the technical condition of the house.

Upon completion of the inspection, the commission issues three copies of a report indicating the inspection was carried out. The acts also specify the status of the inspected structure (whether or not it is subject to demolition or reconstruction), which is determined by voting of the commission members.

The 1st copy of the act is handed over to the applicant, the 2nd copy must be sent to the local authority no later than five days from the date of the inspection, the 3rd copy remains with the commission.

Important! Within 30 calendar days, the local authority must make a decision to establish the status of a residential building - emergency, subject to demolition, reconstruction, fit for use.

If, based on the results of the survey, a verdict is made about the emergency condition of the building, then it is obligatory to vacate it from its occupants within two weeks by moving them to other apartments, after which the building should be demolished.

Nuances for owners of private houses

The sequence of actions for private property owners is similar to the above. However, attention should be paid to certain points:

• the owner of the house can be directly called to be involved in the work of the assessment commission as an expert who can comment in detail on the technical condition of the building;
• If, upon consideration of the application, a positive decision is received, then local authorities, in accordance with current legislation, must ensure the purchase of the land plot from the homeowner or provide land of equal value in return.

You should know that the Supreme Court of Russia has established that the process of recognizing an apartment building or private residential building proceeds according to one scenario; the law of the Russian Federation does not provide for other expert procedures. Private housing should be recognized as suitable or not for living in the same manner as multi-storey housing.

After how many years is a house considered unsafe?

A residential building is recognized as unsafe and subject to demolition after conducting an inspection established by law and receiving a conclusion on approval of its status. The interdepartmental commission may assign housing the status of dilapidated housing stock that is not subject to resettlement. This category includes houses whose wear and tear percentage exceeds 65%.

Russian legislation establishes that in the event of an emergency building, local authorities are obliged to ensure the resettlement of its residents no later than 14 days from the date of approval of the building’s status. However, for dilapidated housing, no relocation of citizens is provided for, since it is assumed that, despite the general operational wear and tear, the supporting structures are in working condition, which does not expose the house to the risk of collapse.

It turns out that it is much more profitable for residents of houses to obtain a document confirming the danger of living in a particular building, since in this case local authorities are obliged to ensure that citizens move within a strictly defined period. In the case of dilapidated housing, the administration “washes its hands”, denying the fact that there are no legislative requirements for buildings that were built many years ago. This attitude of the authorities leads to the fact that people are forced to live in old, dilapidated buildings that do not have any amenities, but are recognized by officials as just dilapidated.

Moving to new housing

After receiving a notice that the building is unsuitable for habitation, tenants must change their place of residence within two weeks, established by law. It is assumed that this time is sufficient to change the place of permanent residence. The conditions for providing new housing for owners of privatized apartments and people living on the basis of a social tenancy agreement differ.

In the second case, an appropriate living space is provided to replace the one being demolished, the area and amenities of which are not inferior in suitability to the previous one. A family applying for individual housing must be considered low-income, for which it needs to obtain an appropriate certificate. Another option is to contact the social security authorities in advance and make a document confirming the status of those in need.

Apartment owners who have undergone the privatization procedure need payment for the seized premises. The calculation should be made based on data on the market value of the apartment, taking into account losses associated with the seizure procedure. Another way is to get another housing to replace the existing one.

Conclusion

Housing can be recognized as unsafe based on the documents provided. Upon completion of the examination, the commission that conducted the inspection of the housing stock notifies the results and their consequences. In case of disagreement with the conclusions of the experts, the law allows the opportunity to complain to the court and demand an additional examination of the condition of the residential building.